An Act concerning marriage, revising various parts of
the statutory law and supplementing Title 37 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act
shall be known and may be cited as the “Marriage Equality Act.”

2. (New section) The
Legislature finds and declares that:

a. On June 26, 2013 the
United States Supreme Court ruled in U.S. v. Windsor, No. 12-307,
133 S. Ct. 2675; 186 L. Ed. 2d 808; 2013 U.S. LEXIS 4921 that the federal
government must grant federal benefits to same-sex couples who are lawfully
married in states that have granted these couples the right to marry.

b. On September 27, 2013 a judge of the New Jersey Superior Court ruled in Garden State Equality et al. v. Dow,
Docket No. L-1729-11, 2013 N.J. Super. LEXIS 169, that same-sex couples
would have the right to marry in New Jersey beginning on October 21, 2013.

c. On October 18, 2013 the
New Jersey Supreme Court unanimously refused to issue a stay of the Superior
Court order, holding that “the State has not shown a reasonable probability it
will succeed on the merits.” On October 21, 2013 the State withdrew its appeal.

d. The first same-sex
marriages in the State took place on October 21, 2013, pursuant to the Superior
Court order.

e. Including New Jersey, 16 states and the District of Columbia currently allow same-sex couples to
marry.

f. Same-sex marriage in
this State would have been authorized by Senate Bill No. 1 of 2012-2013, which
passed both Houses of the Legislature in February 2012 and was conditionally
vetoed by the Governor. The conditional veto would have eliminated the same-sex
marriage provision and would have created a new State office to increase
awareness and enforcement of the civil union law.

g. However, increased
awareness and enforcement of the civil union law are inferior to marriage
equality. Civil unions were established by the Legislature by P.L.2006, c.103,
in response to a 2006 decision of the New Jersey Supreme Court. In Lewis
v. Harris, 188 N.J. 415 (2006), the court had ruled that denying
rights and benefits to committed same-sex couples that are statutorily given to
their heterosexual counterparts violates the equal protection guarantee of
Article I, paragraph 1 of the New Jersey Constitution. The court held that to
comply with this constitutional mandate, the Legislature must either amend the
marriage statutes to include those couples or create a parallel statutory
structure to attempt to provide the rights and benefits enjoyed by, and burdens
and obligations borne by, married couples. The civil union law was the
Legislature’s attempt to create this “parallel statutory structure.”

h. The New Jersey Civil
Union Review Commission was established by P.L.2006, c.103 to investigate
whether “provid[ing] civil unions rather than marriage” to same-sex couples
afforded them equality.

i. The commission
unanimously concluded in its final published report that the civil union law,
instead of ending discrimination against same-sex couples, “invite[d] and
encourage[d] unequal treatment.” The commission found that employers had denied
civil union partners equal benefits and hospitals had denied civil union
partners equal rights to visitation and medical decision-making. The commission
also found that the children of same-sex couples would benefit by society’s
recognition that their parents are married, because the separate and inferior
label of civil union stigmatized these children.

j. Because civil unions
are available only to same-sex couples, the civil union enactment invades their
privacy and invites discrimination when these couples are forced to disclose their
civil union status on forms, in job interviews, and in other settings.

k. Civil marriage is a
legal institution recognized by the State in order to encourage stable
relationships and to protect individuals from discrimination, and the State has
an interest in encouraging stable relationships and protecting individuals from
discrimination.

l. In enacting this bill
to grant same-sex marriage statutory recognition, it is the intent of the
Legislature to codify the ruling of the Superior Court in Garden State
Equality et al. v. Dow and the public policy of this State.

m. It is also the intent of
the Legislature in enacting this bill to leave decisions about religious
marriage to religions, and to uphold the free exercise of religion guaranteed
by the First Amendment to the United States Constitution and by Article I,
paragraph 4 of the New Jersey Constitution.

n. Therefore, this bill
includes a religious exemption stating that no member of the clergy of any
religion authorized to solemnize marriage and no religious society, institution
or organization in this State shall be required to solemnize any marriage in
violation of the free exercise of religion guaranteed by the First Amendment to
the United States Constitution or by Article I, paragraph 4 of the New Jersey
Constitution.

o. This bill specifies that no
religious society, institution or organization in this State serving a
particular faith or denomination shall be compelled to provide space, services,
advantages, goods, or privileges related to the solemnization, celebration or
promotion of marriage if such solemnization, celebration or promotion of
marriage is in violation of the beliefs of such religious society, institution
or organization.

p. In addition, this bill
specifies that no civil claim or cause of action against any religious society,
institution or organization, or any employee thereof, shall arise out of any
refusal to provide space, services, advantages, goods, or privileges. No State
action to penalize or withhold benefits from any such religious society, institution
or organization, or any employee thereof, shall result from any refusal to
provide space, services, advantages, goods, or privileges pursuant to this
exemption.

3. (New section) “Marriage”
means the legally recognized union of two consenting persons in a committed
relationship. Whenever the term “marriage” occurs or the term “man,” “woman,”
“husband” or “wife” occurs in the context of marriage or any reference is made
thereto in any law, statute, rule, regulation or order, the same shall be deemed
to mean or refer to the union of two persons pursuant to this amendatory and
supplementary act.

4. (New section) A marriage
of two persons of the same sex entered into outside this State which is valid
under the laws of the jurisdiction in which the marriage was entered shall be
valid in this State.

5. (New section) It is the
intent of the Legislature that this amendatory and supplementary act be
interpreted consistently with the guarantees of the First Amendment to the
United States Constitution and of Article I, paragraph 4 of the New Jersey
Constitution.

6. (New section) a. No
member of the clergy of any religion authorized to solemnize marriage and no
religious society, institution or organization in this State shall be required
to solemnize any marriage in violation of the free exercise of religion
guaranteed by the First Amendment to the United States Constitution or by
Article I, paragraph 4 of the New Jersey Constitution.

b. No religious society,
institution or organization in this State shall, other than when providing a
place of public accommodation as defined in section 5 of P.L.1945, c.169
(C.10:5-5), be compelled to provide space, services, advantages, goods, or
privileges related to the solemnization, celebration or promotion of marriage
if such solemnization, celebration or promotion of marriage is in violation of
the beliefs of such religious society, institution or organization.

c. No civil claim or cause
of action against any religious society, institution or organization, or any employee
thereof, shall arise out of any refusal to provide space, services, advantages,
goods, or privileges pursuant to this section, other than when providing a
place of public accommodation as defined in section 5 of P.L.1945, c.169
(C.10:5-5). No State action to penalize or withhold benefits from any such
religious society, institution or organization, or any employee thereof, shall
result from any refusal to provide space, services, advantages, goods, or
privileges pursuant to this section.

7. (New section) On and
after the effective date of this amendatory and supplementary act:

a. no new civil unions
shall be established under P.L.2006, c.103 (C.37:1-28 et al.); and

b. all partners in civil
unions previously established under P.L.2006, c.103 (C.37:1-28 et al.) may
apply for a marriage license in accordance with the provisions of R.S.37:1-4
and all other applicable provisions of law.

8. (New section) Partners
in a civil union couple who enter into marriage with each other on or after
October 21, 2013 shall be deemed to have been married beginning on the date
they entered into their civil union.

a. Except as
provided in R.S.37:1-6 and subsection b. of this section, the marriage [or civil union] license shall not be
issued by a licensing officer sooner than 72 hours after the application
therefor has been made; provided, however, that the Superior Court may, by
order, waive all or any part of said 72-hour period in cases of emergency, upon
satisfactory proof being shown to it. Said order shall be filed with the
licensing officer and attached to the application for the license.

b. The licensing officer
shall issue a marriage license immediately to partners in a civil union
established pursuant to P.L.2006, c.103 (C.37:1-28 et al.) who apply for such
license.

c. A marriage [or civil union] license, when properly
issued as provided in this article, shall be good and valid only for 30 days
after the date of the issuance thereof.

(cf: P.L.2006, c.103, s.9)

10. (New section) For
a period of one year following the effective date of P.L. , c. (C.
) (pending before the Legislature as this bill), partners in a civil union
established pursuant to P.L.2006, c.103 (C.37:1-28 et al.) who apply for a
marriage license pursuant to subsection b. of R.S.37:1-4 shall not be required
to pay any fees for the issuance of such license, including but not limited to
the fees imposed by R.S.37:1-12 and section 1 of P.L.1981, c.382
(C.37:1-12.1).

11. R.S.37:1-13 is
amended to read as follows:

37:1-13. Authorization to
solemnize marriages [and
civil unions].

Each judge of the United
States Court of Appeals for the Third Circuit, each judge of a federal district
court, United States magistrate, judge of a municipal court, judge of the
Superior Court, judge of a tax court, retired judge of the Superior Court or
Tax Court, or judge of the Superior Court or Tax Court, the former County Court,
the former County Juvenile and Domestic Relations Court, or the former County
District Court who has resigned in good standing, surrogate of any county,
county clerk and any mayor or the deputy mayor when authorized by the mayor, or
chairman of any township committee or village president of this State, and
every [minister]member of the clergy
of every religion, are hereby authorized to solemnize marriages [or civil unions] between such persons as
may lawfully enter into the matrimonial relation [or civil union]; and every religious society, institution
or organization in this State may join together in marriage [or civil union] such persons according
to the rules and customs of the society, institution or organization.

(cf: P.L.2006, c.103, s.17)

12. Section 94 of P.L.2006,
c.103 (C.37:1-36) is repealed.

13. (New section) The
Commissioner of Health, pursuant to the “Administrative Procedure Act,”
P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations to
effectuate the purposes of this amendatory and supplementary act.

14. This act shall take
effect on the 60th day following enactment, except that the Commissioner of
Health may take such anticipatory administrative action in advance as shall be
necessary for the implementation of this act. Section 10 of this act shall
expire one year following the date of enactment.

STATEMENT

This bill, the “Marriage
Equality Act,” would codify same-sex marriage, which was recently authorized in
New Jersey by a judicial ruling.

Findings and Declarations

The bill’s findings and
declarations provide in part that:

a. On June 26, 2013 the
United States Supreme Court ruled in U.S. v. Windsor, No. 12-307,
133 S. Ct. 2675; 186 L. Ed. 2d 808; 2013 U.S. LEXIS 4921 that the federal
government must grant federal benefits to same-sex couples who are lawfully
married in states that have granted these couples the right to marry.

b. On September 27, 2013 a judge of the New Jersey Superior Court ruled in Garden State Equality et al. v. Dow,
Docket No. L-1729-11, 2013 N.J. Super. LEXIS 169, that same-sex couples would
have the right to marry in New Jersey beginning on October 21, 2013.

c. On October 18, 2013 the
New Jersey Supreme Court unanimously refused to issue a stay of the Superior
Court order, holding that “the State has not shown a reasonable probability it
will succeed on the merits.” On October 21, 2013 the State withdrew its appeal.

d. The first
same-sex marriages in the State took place on October 21, 2013, pursuant to the
Superior Court order.

e. Including New Jersey, 16 states and the District of Columbia currently allow same-sex couples to
marry.

f. Same-sex marriage in
this State would have been authorized by Senate Bill No. 1 of 2012-2013, which
passed both Houses of the Legislature in February 2012 and was conditionally
vetoed by the Governor. The conditional veto would have eliminated the same-sex
marriage provision and would have created a new State office to increase
awareness and enforcement of the civil union law.

g. However, increased awareness
and enforcement of the civil union law are inferior to marriage equality. Civil
unions were established by the Legislature by P.L.2006, c.103, in response to a
2006 decision of the New Jersey Supreme Court. In Lewis v. Harris,
188 N.J. 415 (2006), the court had ruled that denying rights and
benefits to committed same-sex couples that are statutorily given to their
heterosexual counterparts violates the equal protection guarantee of Article I,
paragraph 1 of the New Jersey Constitution. The court held that to comply with
this constitutional mandate, the Legislature must either amend the marriage
statutes to include those couples or create a parallel statutory structure to
attempt to provide the rights and benefits enjoyed by, and burdens and obligations
borne by, married couples. The civil union law was the Legislature’s attempt
to create this “parallel statutory structure.”

h. The New Jersey Civil
Union Review Commission was established by P.L.2006, c.103 to investigate
whether “provid[ing] civil unions rather than marriage” to same-sex couples
afforded them equality.

i. The commission
unanimously concluded in its final published report that the civil union law,
instead of ending discrimination against same-sex couples, “invite[d] and
encourage[d] unequal treatment.” The commission found that employers had denied
civil union partners equal benefits and hospitals had denied civil union
partners equal rights to visitation and medical decision-making. The commission
also found that the children of same-sex couples would benefit by society’s
recognition that their parents are married, because the separate and inferior
label of civil union stigmatized these children.

j. Because civil unions
are available only to same-sex couples, the civil union enactment invades their
privacy and invites discrimination when these couples are forced to disclose
their civil union status on forms, in job interviews, and in other settings.

k. Civil marriage is a
legal institution recognized by the State in order to encourage stable
relationships and to protect individuals from discrimination, and the State has
an interest in encouraging stable relationships and protecting individuals from
discrimination.

l. In enacting this bill
to grant same-sex marriage statutory recognition, it is the intent of the
Legislature to codify the ruling of the Superior Court in Garden State
Equality et al. v. Dow and the public policy of this State.

m. It is also the intent of
the Legislature in enacting this bill to leave decisions about religious
marriage to religions, and to uphold the free exercise of religion guaranteed
by the First Amendment to the United States Constitution and by Article I,
paragraph 4 of the New Jersey Constitution.

Marriage

Under the bill, “marriage”
would be defined as the legally recognized union of two consenting persons in a
committed relationship. The bill provides that whenever the term “marriage,”
“man,” “woman,” “husband” or “wife” occurs or any reference is made thereto in
any law, statute, rule, regulation or order, the same shall be deemed to mean
or refer to the union of two persons pursuant to the bill.

Religious Exemptions

The bill provides that it is
the intent of the Legislature that the bill be interpreted consistently with
the guarantees of the First Amendment to the United States Constitution and of
Article I, paragraph 4 of the New Jersey Constitution.

The bill specifically provides
that no member of the clergy of any religion authorized to solemnize marriage
and no religious society, institution or organization in this State would be
required to solemnize any marriage in violation of the free exercise of
religion guaranteed by the First Amendment to the United States Constitution or
by Article I, paragraph 4 of the New Jersey Constitution. The bill also
provides that no religious society, institution or organization in this State shall,
other than when providing a place of public accommodation as defined in the
“Law Against Discrimination” (section 5 of P.L.1945, c.169 (C.10:5-5)), be
compelled to provide space, services, advantages, goods, or privileges related
to the solemnization, celebration or promotion of marriage if such
solemnization, celebration or promotion of marriage is in violation of the
beliefs of such religious society, institution or organization.

In addition, the bill provides
that no civil claim or cause of action against any religious society,
institution or organization, or any employee thereof, would arise out of any
refusal to provide space, services, advantages, goods, or privileges pursuant
to the bill, other than when providing a place of public accommodation as
defined in the “Law Against Discrimination.” Under the bill no State action to
penalize or withhold benefits from any such religious society, institution or
organization, or any employee thereof, would result from any refusal to provide
space, services, advantages, goods, or privileges.

“Member of the Clergy” Language

In addition, the bill updates
language in current law concerning the authority to solemnize marriages, set
out in R.S.37:1-13. Currently, this section of law authorizes “every minister
of every religion” to solemnize marriages. The bill would change the word
“minister” to “member of the clergy.” This change is intended only to modernize
the language of the statute and not to have any substantive effect.

Civil Unions

The bill also provides that on
and after its effective date, no new civil unions could be established.
Existing civil unions would not be affected by the bill and would continue
unless dissolved by the parties.

In addition, the bill repeals
section 94 of P.L.2006, c.103 (C.37:1-36), which had established the
now-defunct New Jersey Civil Union Review Commission. The function of the
commission was to evaluate the operation and effectiveness of the civil union
enactment.

Under the bill, civil union
partners who wish to apply for a marriage license would receive the license
immediately upon application, without the statutory 72-hour waiting period. For
a period of one year following the effective date of the bill, civil union
partners would not be charged a fee for the issuance of a marriage license.
After expiration of the one-year period, civil union partners who wish to marry
would be charged the usual fees, which currently total $28. Marriage license
fees are set out in R.S.37:1-12 and section 1 of P.L.1981, c.382
(C.37:1-12.1).

Retroactivity for Civil Union
Partners

Finally, the bill grants
retroactivity for civil union partners who wish to enter into marriage. Under
the bill, partners in a civil union couple who enter into marriage with each
other on or after October 21, 2013 would be retroactively deemed to have been
married as of the date they entered into their civil union.